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Union of India - Section

Section 197A in The Income Tax Act, 1961

197A. [ No deduction to be made in certain cases. [ Inserted by Act 14 of 1982, Section 26 (w.e.f. 1.6.1982).]

(1)Notwithstanding anything contained in [* * *] section 194 [* * *] [ Omitted by Act 18 of 1992, Section 77 (w.e.f. 1.6.1992).] [or section 194-EE] [ Inserted by Act 49 of 1991, Section 59 (w.e.f. 1.10.1991).], no deduction of tax shall be made under any of the said sections in the case of an individual, who is resident in India, if such individual furnishes to the person responsible for paying any income of the nature referred to in [* * *] [ Omitted by Act 27 of 1999, Section 77 (w.e.f. 1.6.1999).] section 194 [[* * *] [Substituted by Act 49 of 1991, Section 59, for " or, as the case may be" (w.e.f. 1.10.1991).][or, as the case may be, section 194-EE,] [Substituted by Act 49 of 1991, Section 59, for " or, as the case may be" (w.e.f. 1.10.1991).] a declaration in writing in duplicate in the prescribed form and verified in the prescribed manner to [the effect that the tax on his estimated total income of the previous year in which such income is to be included in computing his total income will be nil] [ Substituted by Act 12 of 1990, Section 50, for " his estimated total income of the previous year in which such income is to be included in computing his total income will be less than the minimum liable to income-tax." (w.r.e.f. 1.4.1990).].[(1-A) Notwithstanding anything contained in ] [Substituted by Act 22 of 1995, Section 39, for sub-Section (1-A) (w.e.f. 1.7.1995).] [section 192A or section 193 or section 194A or section 194DA] [Substituted 'section 193 or section 194-A' by Finance Act, 2015 (No. 20 of 2015), dated 14.5.2015.] [or section 194-K, no deduction of tax shall be made under ] [Substituted by Act 22 of 1995, Section 39, for sub-Section (1-A) (w.e.f. 1.7.1995).][any of] [ Substituted by Act 27 of 1999, Section 77, for " either of" (w.e.f. 1.6.1999).] [the said sections in the case of a person (not being a company or a firm), if such person furnishes to the person responsible for paying any income of the nature referred to in ] [Substituted by Act 22 of 1995, Section 39, for sub-Section (1-A) (w.e.f. 1.7.1995).] [section 192A or section 193 or section 194A or section 194DA] [Substituted 'section 193 or section 194-A' by Finance Act, 2015 (No. 20 of 2015), dated 14.5.2015.] [or section 194-K, as the case may be, a declaration in writing in duplicate in the prescribed form and verified in the prescribed manner to the effect that the tax on his estimated total income of the previous year in which such income is to be included in computing his total income will be nil.] [Substituted by Act 22 of 1995, Section 39, for sub-Section (1-A) (w.e.f. 1.7.1995).][(1-B) The provisions of this section shall not apply where the amount of any income of the nature referred to in sub-section (1) or sub-section (1-A), as the case may be, or the aggregate of the amounts of such incomes credited or paid or likely to be credited or paid during the previous year in which such income is to be included exceeds the maximum amount which is not chargeable to income-tax.] [ Inserted by Act 20 of 2002, Section 85 (w.e.f. 1.6.2002).][(1-C) Notwithstanding anything contained in [section 192A or section 193 or section 194 or section 194A or section 194DA] [Inserted by Act 32 of 2003, Section 85 (w.e.f. 1.6.2003).] or section 194-EE or section 194-K or sub-section (1-B) of this section, no deduction of tax shall be made in the case of an individual resident in India, who is of the age of sixty-five years or more at any time during the previous year ][* * *] [ Certain words omitted by Act 22 of 2007, Section 58 (w.r.e.f. 1.4.2006).] [if such individual furnishes to the person responsible for paying any income of the nature referred to in [section 192A or section 193 or section 194 or section 194A or section 194DA] [Inserted by Act 32 of 2003, Section 85 (w.e.f. 1.6.2003).] or section 194-EE or section 194-K, as the case may be, a declaration in writing in duplicate in the prescribed form and verified in the prescribed manner to the effect that the tax on his estimated total income of the previous year in which such income is to be included in computing his total income will be nil.][(1-D) Notwithstanding anything contained in this section, no deduction of tax shall be made by the Offshore Banking unit from the interest paid-
(a)on deposit made on or after the 1st day of April, 2005, by a non-resident or a person not ordinarily resident in India; or
(b)on borrowing, on or after the 1st day of April, 2005, from a non-resident or a person not ordinarily resident in India.
Explanation. - For the purposes of this sub-section "Offshore Banking Unit" shall have the same meaning as assigned to it in clause (u) of section 2 of the Special Economic Zones Act, 2005.] [ Inserted by Act 28 of 2005, Section 27 and Schedule II (w.e.f. 10.2.2006).][(1-E) Notwithstanding anything contained in this Chapter, no deduction of tax shall be made from any payment to any person for, or on behalf of, the New Pension System Trust referred to in clause (44) of section 10. ] [ Inserted by Act 33 of 2009, Section 63 (w.e.f. 1.4.2009).]
(2)[ The person responsible for paying any income of the nature referred to in sub-section (1) ] [ Inserted by Act 28 of 2005, Section 27 and Schedule II (w.e.f. 10.2.2006).][or sub-section (1-A)] [ Inserted by Act 18 of 1992, Section 77 (w.e.f. 1.6.1992).][or sub-section (1-C)] [ Inserted by Act 32 of 2003, Section 85 (w.e.f. 1.6.2003).][shall deliver or cause to be delivered to the ] [ Inserted by Act 28 of 2005, Section 27 and Schedule II (w.e.f. 10.2.2006).] [Chief Commissioner or Commissioner] [ Substituted by Act 4 of 1988, Section 2, for " Commissioner" (w.e.f. 1.4.1988).] one copy of the declaration referred to in sub-section (1) [or sub-section (1-A)] [ Inserted by Act 18 of 1992, Section 77 (w.e.f. 1.6.1992).][or sub-section (1-C)] [Inserted by Act 32 of 2003, Section 85 (w.e.f. 1.6.2003).] [on or before the seventh day of the month next following the month in which the declaration is furnished to him.] [ Inserted by Act 28 of 2005, Section 27 and Schedule II (w.e.f. 10.2.2006).]